South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Tuesday, February 28, 2012
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 2:10: "For wisdom will come into your heart and knowledge will be pleasant to your soul."
Let us pray. Almighty God, You so graciously provide for our every need. Continue to give wisdom, knowledge, understanding, and integrity to each of these Representatives and staff as they do the peoples' work. Keep them in Your care. Bless our Nation, State, and all our leaders, that they may be faithful to their responsibilities. Watch over our defenders of freedom at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Hear us, O Lord, as we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Leroy W. Grubbs of Snelling, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Tom Sponseller and for his family.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 23, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4003:

H. 4003 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTIONS OF SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/ANDERSON COUNTY LINE, SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/MCCORMICK COUNTY LINE, AND SOUTH CAROLINA HIGHWAY 72 AND THE ABBEVILLE/GREENWOOD COUNTY LINE THAT CONTAIN THE WORDS "ABBEVILLE HIGH SCHOOL PANTHERS 2010 CLASS A STATE FOOTBALL CHAMPIONS AND 2011 CLASS A STATE SOFTBALL CHAMPIONS".

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4803 (Word version) -- Reps. Pinson, Parks and Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 72 AND WILLARD ROAD IN GREENWOOD COUNTY "JIMMY BRITT INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JIMMY BRITT INTERSECTION".
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3093 (Word version) -- Rep. Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "MUSIC THERAPY PRACTICE ACT" TO REGULATE THE PRACTICE OF MUSIC THERAPY, TO PROVIDE CERTAIN DEFINITIONS, TO CREATE THE SOUTH CAROLINA BOARD OF MUSIC THERAPY TO ASSIST THE DEPARTMENT ON ALL MATTERS PERTAINING TO THE EDUCATION, EXAMINATION, LICENSURE, AND CONTINUING EDUCATION OF LICENSED MUSIC THERAPISTS AND THE PRACTICE OF MUSIC THERAPY, TO PROHIBIT THE PRACTICE OF MUSIC THERAPY WITHOUT A LICENSE, TO REQUIRE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE ADMINISTRATIVE, FISCAL, INVESTIGATIVE, INSPECTIONAL, CLERICAL, SECRETARIAL, AND LICENSE RENEWAL OPERATIONS AND ACTIVITIES OF THE BOARD, TO PROVIDE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO PROVIDE CRITERIA FOR LICENSURE, AND TO PROVIDE FOR THE USE OF A PROFESSIONAL DESIGNATION, AMONG OTHER THINGS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4895 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MRS. OGRETA MOYE JOHNSON OF BAMBERG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.

That the privilege of the floor of the South Carolina House of Representatives be extended to the winners of the 2012 Jean Laney Harris Folk Heritage Awards, the winners of the 2012 Elizabeth O'Neill Verner Awards, and the members of the advisory committees on Thursday, May 3, 2012, upon adjournment or a time to be determined by the Speaker, for the purpose of recognizing and congratulating the winners for their outstanding contributions to folk art and the arts in South Carolina.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4897 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO CONGRATULATE MAMIE BRUNSON DARBY OF ORANGEBURG COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4899 (Word version) -- Rep. Gambrell: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE BELTON-HONEA PATH HIGH SCHOOL VARSITY WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR PINNING DOWN THE 2012 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4900 (Word version) -- Rep. Gambrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BELTON-HONEA PATH HIGH SCHOOL VARSITY WRESTLING TEAM OF ANDERSON COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2012 SOUTH CAROLINA CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Belton-Honea Path High School varsity wrestling team of Anderson County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2012 South Carolina Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4901 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA CHAPTER OF THE AMERICAN BOARD OF TRIAL ADVOCATES TO USE THE HOUSE CHAMBER ON SEPTEMBER 14, 2012, FOR THE ORGANIZATION'S JAMES OTIS LECTURE, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERK OF THE HOUSE, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY IS IN STATEWIDE SESSION ON THIS DAY OR IF THE HOUSE CHAMBER IS OTHERWISE UNAVAILABLE, THE HOUSE CHAMBER MAY NOT BE USED ON THIS DATE.

Be it resolved by the House of Representatives:

That the South Carolina Chapter of the American Board of Trial Advocates be allowed the use of the House Chamber on September 14, 2012, for the organization's James Otis Lecture, in accordance with the building policy as administered by the Clerk of the House. If the General Assembly is in statewide session on this day or if the House Chamber is otherwise unavailable, the House Chamber may not be used on this date.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4903 (Word version) -- Reps. Funderburk and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE BOAT LANDING LOCATED ON THE WATEREE RIVER AT U.S. HIGHWAY NO. 1 IN KERSHAW COUNTY AS "PATRIOTS LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "PATRIOTS LANDING" ON THE PROPERTY, AS WELL AS PLAQUES EXPLAINING THE HISTORICAL IMPORTANCE OF THIS LOCATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4908 (Word version) -- Reps. Brady and Butler Garrick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR COUNCILWOMAN JOYCE DICKERSON FOR HER LEADERSHIP ON THE RICHLAND COUNTY COUNCIL SINCE 2005, AND TO CONGRATULATE HER UPON HER ELECTION AS PRESIDENT OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4909 (Word version) -- Reps. Erickson, Herbkersman and Patrick: A CONCURRENT RESOLUTION TO EXPRESS THE UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR AN EDUCATION CENTER AT THE VIETNAM VETERANS' MEMORIAL AND TO CALL ON ALL SOUTH CAROLINIANS TO SUPPORT THIS WORTHWHILE PROJECT TO HONOR THOSE WHO GAVE THE LAST FULL MEASURE OF DEVOTION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1237 (Word version) -- Senators Courson and Knotts: A CONCURRENT RESOLUTION TO DECLARE MARCH 2012 AS "HOME SCHOOL RECOGNITION MONTH" IN SOUTH CAROLINA, TO RECOGNIZE THE DILIGENT EFFORTS OF HOME SCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, AND TO EXPRESS SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1256 (Word version) -- Senators Grooms, Campbell, Campsen, Matthews, McGill and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE TIMBERLAND HIGH SCHOOL FOOTBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2011 CLASS AA-DIVISION I STATE CHAMPIONSHIP TITLE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4898 (Word version) -- Reps. Merrill, Anthony, Battle, Bingham, Cobb-Hunter, Pitts, Skelton and White: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS), SO AS TO PROVIDE FOR "CLASS THREE" MEMBERS OF SCRS WITH "CLASS THREE" MEMBERS MEANING AN EMPLOYEE MEMBER OF SCRS WITH AN EFFECTIVE DATE OF MEMBERSHIP AFTER JUNE 30, 2012; TO AMEND SECTIONS 9-1-10 FURTHER AND 9-1-1550, RELATING TO RETIREMENT BENEFITS UNDER THE SCRS, SO AS TO REVISE THE MANNER IN WHICH RETIREMENT BENEFITS FOR SCRS MEMBERS ARE COMPUTED AFTER JUNE 30, 2012, AND TO PROVIDE FOR AN ALTERNATE CALCULATION OF BENEFITS FOR SCRS MEMBERS AS OF JUNE 30, 2012, WHICH APPLIES IF THE MEMBER'S BENEFIT CALCULATED ON RETIREMENT AFTER JUNE 30, 2012, WOULD RESULT IN A LESSER AMOUNT; BY ADDING SECTION 9-1-1815 SO AS TO PROVIDE FOR THE MANNER IN WHICH RETIRED SCRS MEMBERS AND THEIR SURVIVING ANNUITANTS MAY RECEIVE INCREASED ALLOWANCES AND THE METHOD OF CALCULATING THAT INCREASE; AND TO REPEAL SECTION 9-1-1810 RELATING TO INCREASES IN SCRS RETIREMENT ALLOWANCES BASED ON THE CONSUMER PRICE INDEX; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO DEDUCTIONS FROM THE COMPENSATION OF MEMBERS OF SCRS TO FUND BENEFITS, THE TAX TREATMENT THEREOF, AND OTHER RELATED PROVISIONS, SO AS TO INCREASE ON JULY 1, 2012, THE REQUIRED DEDUCTIONS OF CLASS ONE SCRS MEMBERS TO SIX AND ONE-HALF PERCENT OF EARNABLE COMPENSATION FROM FIVE AND ONE-HALF PERCENT AND THE REQUIRED DEDUCTIONS OF SCRS CLASS TWO AND CLASS THREE MEMBERS TO SEVEN AND ONE-HALF PERCENT OF EARNABLE COMPENSATION FROM SIX AND ONE-HALF PERCENT AND MAKE CONFORMING CHANGES; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO THE PURCHASE OF ADDITIONAL SERVICE CREDIT UNDER SCRS, SO AS TO PROVIDE THAT THE REQUIRED COST IS THE GREATER OF AN ACTUARIALLY NEUTRAL PAYMENT BASED ON THE SCRS MEMBER'S CURRENT AGE AND CREDITABLE SERVICE OR A SET PERCENTAGE OF SALARY AND TO ELIMINATE THE ADDITION OF UNUSED SICK LEAVE IN THE CALCULATION OF CREDITABLE SERVICE AFTER JUNE 30, 2012; TO AMEND SECTION 9-1-1510, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A SCRS RETIREMENT ALLOWANCE, SO AS TO PROVIDE THAT A SCRS CLASS THREE MEMBER MUST HAVE AT LEAST THIRTY YEARS OF CREDITABLE SERVICE TO BE ELIGIBLE TO RETIRE AT ANY AGE WITHOUT A BENEFIT REDUCTION; TO AMEND SECTION 9-1-1515, AS AMENDED, RELATING TO THE REQUIREMENTS FOR EARLY RETIREMENT IN SCRS, SO AS TO CONFORM THE REQUIREMENTS OF THAT SECTION AS IT APPLIES FOR SCRS CLASS THREE MEMBERS; TO AMEND SECTION 9-1-1660, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NOMINEE OF A DECEASED ACTIVE SCRS MEMBER TO RECEIVE A RETIREMENT ALLOWANCE, SO AS TO CONFORM THE REQUIREMENTS OF THAT SECTION AS IT APPLIES FOR SCRS CLASS THREE MEMBERS; TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM, SO AS TO CLOSE THE PROGRAM FOR SCRS CLASS THREE MEMBERS AND TO CONFORM THE CALCULATION OF RETIREMENT BENEFITS FOR TERI PARTICIPANTS; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES FOR MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA (GARS), SO AS PROSPECTIVELY TO ELIMINATE PROVISIONS ALLOWING MEMBERS OF THE GENERAL ASSEMBLY WHO MEET CERTAIN AGE OR CREDITED SERVICE REQUIREMENTS OR WITH AGE AND CREDITED SERVICE REQUIREMENTS TO RECEIVE A GARS RETIREMENT BENEFIT WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY; TO AMEND SECTIONS 9-11-10 AND 9-11-60, BOTH AS AMENDED, RELATING TO DEFINITIONS AND ELIGIBILITY FOR RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO REVISE THE MANNER IN WHICH RETIREMENT BENEFITS FOR SCPORS MEMBERS RETIRING AFTER JUNE 30, 2012, ARE COMPUTED AND TO PROVIDE FOR AN ALTERNATE CALCULATION OF BENEFITS FOR SCPORS MEMBERS AS OF JUNE 30, 2012, WHICH APPLIES IF THE SCPORS MEMBER'S BENEFIT CALCULATED ON RETIREMENT AFTER JUNE 30, 2012, WOULD RESULT IN A LESSER AMOUNT; BY ADDING SECTION 9-11-312 SO AS TO PROVIDE FOR THE MANNER IN WHICH SCPORS RETIRED MEMBERS AND THEIR SURVIVING ANNUITANTS MAY RECEIVE INCREASED ALLOWANCES AND THE METHOD OF CALCULATING THAT INCREASE; AND TO REPEAL SECTION 9-11-310 RELATING TO COST OF LIVING ADJUSTMENTS UNDER SCPORS BASED ON THE CONSUMER PRICE INDEX; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO THE PURCHASE OF ADDITIONAL SERVICE CREDIT UNDER SCPORS, SO AS TO PROVIDE THAT THE REQUIRED COST MUST BE THE GREATER OF AN ACTUARIALLY NEUTRAL PAYMENT BASED ON THE MEMBERS CURRENT AGE AND CREDITABLE SERVICE OR A SET PERCENTAGE OF SALARY AND TO ELIMINATE THE ADDITION OF UNUSED SICK LEAVE IN THE CALCULATION OF CREDITABLE SERVICE AFTER JUNE 30, 2012; TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO DEDUCTIONS FROM THE COMPENSATION OF MEMBERS OF SCPORS TO FUND BENEFITS, THE TAX TREATMENT THEREOF, AND OTHER RELATED PROVISIONS, SO AS TO INCREASE ON JULY 1, 2012, THE REQUIRED DEDUCTIONS OF SCPORS CLASS TWO MEMBERS TO SEVEN AND ONE-HALF PERCENT OF EARNABLE COMPENSATION FROM SIX AND ONE-HALF PERCENT; BY ADDING SECTION 9-16-335 SO AS TO PROVIDE THAT THE ASSUMED ANNUAL RATE OF RETURN ON THE INVESTMENTS OF THE RETIREMENT SYSTEM MUST BE ESTABLISHED BY THE GENERAL ASSEMBLY AND EFFECTIVE JULY 1, 2012, THE ASSUMED ANNUAL RATE OF RETURN ON RETIREMENT SYSTEM INVESTMENTS IS SEVEN AND ONE-HALF PERCENT; AND TO AMEND SECTIONS 9-1-1135, 9-8-185, 9-9-175, AND 9-11-265, RELATING TO INTEREST ON MEMBER'S CONTRIBUTIONS IN SCRS, GARS, THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND SCPORS, SO AS TO PROVIDE THAT INTEREST IS NOT PAID ON INACTIVE ACCOUNTS, AND TO DEFINE "INACTIVE ACCOUNT".
Referred to Committee on Ways and Means

H. 4904 (Word version) -- Reps. Bingham, Allison and Anthony: A JOINT RESOLUTION TO SUSPEND THE REQUIREMENT THAT THE DEPARTMENT OF EDUCATION PROVIDE PRINTED COPIES OF 2012 DISTRICT AND SCHOOL REPORT CARDS; TO REQUIRE A SCHOOL DISTRICT OR SCHOOL WITHIN THE DISTRICT TO PROVIDE PARENTS WITH A LINK TO THE REPORT CARDS VIA EMAIL OR OTHER COMMUNICATION METHODS UPON CERTAIN CONDITIONS; TO SUSPEND THE REQUIREMENT THAT SCHOOLS ADVERTISE THE DISTRICT AND SCHOOL 2012 REPORT CARD, BUT TO REQUIRE RESULTS TO BE PROVIDED TO AN AREA NEWSPAPER OF GENERAL CIRCULATION; TO ALLOW HIGH SCHOOLS TO OFFER STATE-FUNDED WORKKEY ASSESSMENTS TO CERTAIN STUDENTS USING SPECIFIED FUNDS APPROPRIATED FOR FISCAL YEAR 2012-2013, OR FOR THESE PURPOSES IN PRIOR YEARS; TO PROVIDE FOR FISCAL YEAR 2012-2013 A ONE-YEAR GRACE PERIOD FOR CERTAIN RECIPIENTS OF A SOUTH CAROLINA TEACHER LOAN, AND TO REQUIRE THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP FORMS AND PROCEDURES TO IMPLEMENT THE GRACE PERIOD; AND TO DIRECT SAVINGS FROM CERTAIN PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means

H. 4905 (Word version) -- Reps. Bingham, Allison and Anthony: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT FOR THE 2012-2013 SCHOOL YEAR BY MAY 15, 2012; TO PROVIDE THAT A CONTINUING-CONTRACT TEACHER WHO IS BEING RECOMMENDED FOR FORMAL EVALUATION THE FOLLOWING SCHOOL YEAR MUST BE NOTIFIED IN WRITING ON OR BEFORE THE DATE THE SCHOOL DISTRICT ISSUES THE WRITTEN OFFER OF EMPLOYMENT OR REEMPLOYMENT; TO REQUIRE TEACHERS WHO ARE REEMPLOYED BY WRITTEN NOTIFICATION TO NOTIFY THE DISTRICT BOARD OF THEIR ACCEPTANCE WITHIN TEN DAYS OF RECEIPT OF WRITTEN NOTIFICATION OF EMPLOYMENT; AND TO ALLOW DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES OF CERTAIN RETIRED TEACHERS BELOW THE DISTRICT SALARY SCHEDULE.
Referred to Committee on Ways and Means

H. 4906 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR THE VETERANS' ISSUES STUDY COMMITTEE TO SUBMIT ITS WRITTEN REPORT FROM JANUARY 31, 2012, TO JANUARY 31, 2013.
On motion of Rep. J. E. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4907 (Word version) -- Reps. Cole, D. C. Moss, Tallon, Forrester and V. S. Moss: A BILL TO AMEND SECTION 56-5-2953, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VIDEO RECORDING OF A PERSON'S CONDUCT AT THE INCIDENT SITE AND THE BREATH TEST SITE WHEN THE PERSON IS CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE PERSON'S CONDUCT IS NOT REQUIRED TO BE RECORDED, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERSON'S CONDUCT DURING THE TWENTY MINUTE PRE-TEST WAITING PERIOD, AND TO REVISE THE PROVISIONS THAT EXCUSE AN OFFICER FROM PRODUCING CERTAIN VIDEO RECORDINGS.
Referred to Committee on Judiciary

S. 1007 (Word version) -- Senator Rose: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION, BY ADDING SECTION 57-3-755 TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS
EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE.
Referred to Committee on Education and Public Works

H. 4910 (Word version) -- Reps. Erickson, Brady, Crosby, Long, Thayer and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-244 SO AS TO PROVIDE A DENTAL INSURANCE PLAN MAY NOT REQUIRE A DENTIST WHO IS A PARTICIPATING PROVIDER OF THE PLAN TO PROVIDE A SERVICE TO AN INSURED OF THE PLAN AT A FEE SET BY OR SUBJECT TO THE APPROVAL OF THE INSURER UNLESS THE SERVICE IS COVERED BY THE DENTAL INSURANCE PLAN, TO PROVIDE A HEALTH CARE SERVICE CONTRACTOR OR THIRD PARTY ADMINISTRATOR MAY NOT MAKE A MEMBER OF ITS DENTAL CARE PROVIDERS NETWORK AVAILABLE TO A DENTAL PLAN THAT SETS DENTAL FEES FOR A SERVICE THAT IS NOT A COVERED SERVICE, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 4911 (Word version) -- Reps. Forrester, Allison, Parker, Tallon, Brannon, Alexander, Anderson, Chumley, Clemmons, Clyburn and Cole: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE THAT A COUNTY VETERANS AFFAIRS OFFICER SERVES AT THE WILL OF THE COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE THAT BY RESOLUTION OF THE COUNTY LEGISLATIVE DELEGATION, THE AUTHORITY TO RECOMMEND THE APPOINTMENT OR REMOVAL OF THESE OFFICERS MAY BE DEVOLVED ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THOSE CIRCUMSTANCES UNDER WHICH THIS DEVOLUTION MAY BE REVERSED.
Referred to Committee on Judiciary

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day to attend a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PATRICK a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHITE a temporary leave of absence.

R. 133, H. 4627--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 27, 2012
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
506 Blatt Building
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House,

I am hereby vetoing and returning without my approval H.4627 (Word version), R. 133, a Joint Resolution that attempts to suspend the Department of Health and Environmental Control's authority to enforce South Carolina's water quality laws with respect to the U.S. Army Corp's application to dredge a portion of the Savannah River as part of the Savannah River Expansion Project.

This Joint Resolution amounts to unconstitutional legislative overreaching into an agency's ruling. DHEC's decision to approve the Army Corps of Engineers' application for a 401 Water Quality Certification was based on law and scientific benchmarks.

Additionally, the Joint Resolution reflects a fundamental misunderstanding about the administrative process. Only DHEC can issue 401 Water Quality Certifications, which is why the Attorney General has opined that the Savannah River Maritime Commission has no authority to grant them. Further, under state law, a separate Construction in Navigable Waters Permit is not issued when a 401 Water Quality Certification is; our Code of Regulations makes this point clear in two different places. The Joint Resolution, however, purports to undo only a Construction in Navigable Waters Permit while leaving intact DHEC's 401 Water Quality Certification. Because DHEC never issued a separate, standalone Construction in Navigable Waters Permit, the Joint Resolution has no practical effect.

The fact that the General Assembly is attempting to reverse a permit that was not even issued perfectly demonstrates why the separation of powers doctrine directs the legislature not to overreach into the decisions of a state agency. For all of these reasons, I hereby veto H.4627, R. 133.

Sincerely,
Nikki R. Haley
Governor

R. 133, H. 4627--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R133) H. 4627 (Word version) -- Reps. Merrill, Stavrinakis, Harrison, King, Knight, Williams, Jefferson, Johnson, Sabb, Munnerlyn, Anderson, G. A. Brown, Allison, Horne, Agnew, Gambrell, McCoy, Ryan, Mack, Gilliard, Sottile, Hardwick, Hearn, Weeks, Simrill, Pope, Delleney, Dillard, Sandifer, Erickson, Herbkersman, Brantley, Crosby, Daning, Brady, Quinn, Spires, Frye, Pitts, Southard, Butler Garrick, Pinson, Tallon, Long, Parker, Hodges, Whitmire, Anthony, Bannister, Putnam, Edge, Allen, Thayer, Funderburk, Lucas, Cobb-Hunter, Howard, Harrell, Bowers, Patrick, Whipper, Bowen, White, Murphy and R. L. Brown: A JOINT RESOLUTION TO SUSPEND THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ALL DECISIONS SUBSEQUENT TO 2007 PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES IN REGARD TO THE USE OF THE SAVANNAH RIVER AS A WATERWAY FOR OCEAN-GOING CONTAINER OR COMMERCE VESSELS, IN PARTICULAR THE APPROVAL BY THE DEPARTMENT OF THE APPLICATION FOR THE CONSTRUCTION IN NAVIGABLE WATERS PERMIT FOR DREDGING OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER, BECAUSE THE AUTHORITY TO ISSUE SUCH A PERMIT HAD BEEN GRANTED TO THE SAVANNAH RIVER MARITIME COMMISSION BY ACT 56 OF 2007 AND THE ACTIVITIES AUTHORIZED BY THIS PERMIT COULD PRESENT IMMINENT AND IRREVERSIBLE PUBLIC HEALTH AND ENVIRONMENTAL CONCERNS; AND TO PROVIDE THAT THE DEPARTMENT RETAINS AUTHORITY OVER OTHER MATTERS PERTAINING TO THE SAVANNAH RIVER.

Rep. MERRILL spoke against the Veto.
Rep. OTT spoke against the Veto.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

STATEMENT FOR THE JOURNAL

I had been granted temporary leave to deal with a family matter at the time of the vote on the Governor's Veto on H. 4627 - DHEC/Savannah Port. Had I been present to vote, I would have voted to override the Governor's Veto. The Port is vital not only to House District 6 in Anderson County which I represent, but to the entire State, to insure our ability to compete globally in the future.
Rep. Brian White

R. 135, H. 4723--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 27, 2012
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
506 Blatt Building
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4723, R. 135, a Local Bill relating to the appointment of commissioners to the Berea Water and Sewer District wholly located in Greenville County.

Since the beginning of my Administration, I have been clear that I will veto local legislation that is clearly unconstitutional. Every member of the General Assembly is expected to vote on all legislation, including local bills. I believe members who fail to vote are supporting the violation of our constitution, which we have sworn to uphold. Therefore, I ask that you stop the practice of passing local legislation and help preserve and protect our State Constitution by sustaining this veto.

H. 4723 (Word version) removes appointment authority from the Governor and legislative delegation and allows the voters in the Berea Water and Sewer District to elect the district commissioners. While I support this legislation's intent to devolve the delegation's appointment authority to the voters, this Bill is unconstitutional because it violates the Home Rule provisions of our State Constitution, which prohibit the enactment of state laws affecting one county. H. 4723 affects only the residents of Berea which is wholly located in Greenville County.
For too long, the General Assembly has involved itself in entirely local issues like providing water and sewer services to county and municipal residents. The 1973 Home Rule provisions of our State Constitution rightly prohibit the General Assembly from engaging in purely local issues and require that local governments provide for local interests. Accordingly, I would ask the General Assembly to send me a bill devolving individual delegations' authority relating to single county special purpose districts to county governing bodies, as our State Constitution intended almost 40 years ago.

For these reasons, I am vetoing H. 4723, R. 135.

Sincerely,
Nikki R. Haley
Governor

R. 135, H. 4723--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R135) H. 4723 (Word version) -- Reps. Loftis, Corbin, Allen, Dillard, Hamilton, Henderson, Nanney, G. R. Smith, Stringer, Willis and Bannister: AN ACT TO AMEND ACT 848 OF 1954, RELATING TO THE CREATION OF THE BEREA WATER AND SEWER DISTRICT IN GREENVILLE COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THE GOVERNING COMMISSION AND PROVIDE FOR STAGGERING THEIR TERMS.

Rep. LOFTIS spoke against the Veto.

SPEAKER PRO TEMPORE IN CHAIR

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote to override or sustain the Governor's Veto on H. 4723. If I had been present, I would have voted to override the Governor's Veto.

Rep. Patsy Knight

SPEAKER IN CHAIR

DOCTOR OF THE DAY

Announcement was made that Dr. C. Wendell James of Greenville was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. FORRESTER presented to the House representatives of the South Carolina School for the Deaf and the Blind, their instructors and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Rep. J. E. SMITH moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4003 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTIONS OF SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/ANDERSON COUNTY LINE, SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/MCCORMICK COUNTY LINE, AND SOUTH CAROLINA HIGHWAY 72 AND THE ABBEVILLE/GREENWOOD COUNTY LINE THAT CONTAIN THE WORDS "ABBEVILLE HIGH SCHOOL PANTHERS 2010 CLASS A STATE FOOTBALL CHAMPIONS AND 2011 CLASS A STATE SOFTBALL CHAMPIONS".

H. 4606 (Word version) -- Reps. Hayes, Anthony and McEachern: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WEST CALHOUN STREET FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 57 TO UNITED STATES HIGHWAY 301 AND THE PORTION OF EAST CALHOUN STREET FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 "PAUL J. GLENN HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "PAUL J. GLENN HIGHWAY".

ADJOURNMENT

At 1:24 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Leroy W. Grubbs of Snelling, to meet at 10:00 a.m. tomorrow.

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Tuesday, December 18, 2012 at 3:59 P.M.